With the formally utilized and regulated laws imposed by GDPR, various organizations and businesses are subject to comply. These rules are strictly implemented to ensure the safety and protection of data, and the privacy of every consumer. Obviously, the failure to comply is sanctioned and fined with a much higher value. This makes every entrepreneur and organization stick to ensuring that the requirements imposed are being followed.
All large and small businesses are covered and are not limited to the forced rules. After the law being established and formally executed back in 2018, several businesses faced grave fines of up to 20 million euros. This sanction can significantly affect the business operation at the most.
The prevention of harsh fines leads to compliance. This only pertains to businesses that deal with information related to EU citizens, even if the business is operating physically in or out of the country. So long as the customer talks about the EU union or its citizens, the organization involved should strictly comply with the regulations.
In this article, we will talk about the list of GDPR requirements that should be followed. But before even going further, let us talk about the factors to put into consideration.
What are the factors to put into consideration?
Every business and organization should clearly provide a concise explanation of the what, why, and how. The consumer should have a clear understanding of what the data being collected is, why it is even needed to be collected, and how it is collected and used. This also includes who has access to it, to whom it will be shared, if necessary, and for how long the data is stored in the company’s storage. The business should also explain how the data undergoes protection and security.
The covered organization or business should give the entire right to their consumer about their data. This includes the right for the consumer to request a copy of their information being used by such an organization. It also entails the right of the consumer to request total erasure or deletion of data. A consumer also has the right to request any modification. Moreover, the consumer should also have the right to request a copy of their information shared with another company.
3rd party compliance
It is possible that an organization uses a 3rd party company to control and process the consumer’s data. If so, it is the sole responsibility of the main organization to make sure that the 3rd party data processor is compliant to GDPR. With that, opting for a reputable downstream organization is a must.
The checklist of requirements
- An organization or a business should be aware of its responsibility
- An organization or a business should understand the data it collects
- An organization or a business should clearly acknowledge its consumer’s consent
- An organization or business should have a data processing notice in place
- An organization or a business should delete the data collected as requested and as necessary
- An organization or business should know how the data is stored and safeguarded
- An organization or a business should have a data protection specialist
- An organization or a business should educate all its staff concerning data handling and processing
- An organization or business should be able to provide its consumers’ data as requested
An organization or a business should be aware of its responsibility
A business should be aware of its responsibility. This includes the data processor and the controller.
The data processor is responsible for processing sensitive information, including those who have access to the data and those who use it related to its purpose. The data processor should also be compliant with the transparency and correct way of processing the data and its underlying data activities with secure handling of the information.
Meanwhile, the data controller is the one who sets limits on as to what data is collected and why it is being collected. The data controller, the same as the data processor, should also be compliant and responsible for the secure collection, storage, and accuracy of the information being collected.
An organization or a business should understand the data it collects
A business should know what type of data being collected. Careful reviewing and examination of data being gathered is an important factor in GDPR compliance. All data are comprehensive. This may include name, date of birth, banking information, address, employment details, and financial records.
Ensure that only the necessary information is being kept. Failure to review and by any chance keeping unnecessary data makes an organization non-compliant. Be careful in keeping data such as sexual orientation, racial origin, political association, and religious views. These data should have the consent of the consumer and should not be improperly used in any way.
An organization or a business should clearly acknowledge its consumer’s consent
Before even collecting data from the consumer, make sure you have been granted consent to process and collect it. This should be freely and actively given. And moreover, make sure that this has been clearly understood by the consumer. In the case of a consent record request, an organization has the ability to show the record to GDPR.
An organization or business should have a data processing notice in place
A business should have a clear explanation of how the data collected is being used. This is also known as the fair processing notice. A business website dealing with GDPR should have an easy access document on its website, explaining how the information given by its consumer is being used and processed in its entirety.
An organization or a business should delete the data collected as requested and necessary
One of the clearly stated regulations of GDPR is that the consumer has the right to request the complete deletion of data about them. Thus, a business should completely erase the information as requested. Yet, GDPR also enforces that data should not be used in any means as soon as its purpose has already been performed. A business should not, in any way, retain the data if it no longer serves its purpose. Failure to do so would lead to harsh fines and sanctions.
An organization or business should know how the data is stored and safeguarded
Every business should understand what safety measures and standards are used to safeguard the customer’s data. It also has to understand how it is being stored. There will be several locations in the main company computer where the information is located. The utilization of data processing and storage policy could be a lot of help in knowing where sensitive data are stored. Using the said tool could also help in ensuring that the consumer’s information is securely protected and encrypted.
An organization or a business should have a data protection specialist
A business should appoint data protection specialists at all costs. This may be your reputable IT staff. You may have a data protection solution in place, but having someone who protects and oversees the security of information can prevent further breach and unlawful usage.
An organization or a business should educate all its staff concerning data handling and processing
Proper training of all staff involved in the access and handling of consumer’s data is a must. As clearly stated to GDPR’s regulation, any intentional or negligent act that results in a serious breach can be massively expensive. This includes educating the staff on what to do when dealing with sensitive information and how to go about it.
An organization or business should be able to provide its consumers’ data as requested
As a consumer has the right to request the data collected about them, a business should be prepared in case of request. This includes all the information and data gathered – be it personal data, emails, messages, or anything about them. GDPR has clearly stated that an organization has a strict 30-day period to provide the requested information to the consumer.
The regulations and directives implemented by GDPR may be an addition to the work and responsibility of every associated organization. But on the other hand, this also ensures the fairness and lawfulness of data usage and processing.
Businesses must be compliant with it. Not only to prevent fines but also to show how the organization treats its consumers’ data respectfully. It only boils down to one principle – every organization should be responsible and should be faithfully accountable for what their consumer has. May it be small or large entities, GDPR does take data privacy and security seriously.